Patna High Court
Md. Sabir KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted as the FIR does not allege any specific overt act against the petitioners and the nature of the case warrants bail.
Summary
Petitioners Md. Sabir Khan and Md. Farid Khan sought anticipatory bail fearing arrest in a case involving multiple IPC offences arising from a land dispute. The FIR alleged that they, along with others, assaulted an informant, but the petitioners contended that no specific overt act was alleged against them and they were innocent. The State opposed the bail application. The Court examined the nature of the accusations and the lack of specific allegations, and held that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR alleges participation in offences under Sections 147, 148, 149, 341, 323, 307, 325, 379, 504, 506 of the IPC.
- Whether the allegations constitute a specific overt act against the petitioners sufficient to deny bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Indian Penal Code
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90403 of 2025
Arising Out of PS. Case No.-190 Year-2021 Thana- CHAKAI District- Jamui
======================================================
1. Md. Sabir Khan S/O Samsher Khan @ Sher Khan R/O Village- Kathwara,
P.S- Chakai, Dist.- Jamui.
2. Md. Farid Khan @ Farid Khan S/O Samsher Khan @ Md. Shamsher Khan
R/O Village- Kathwara, P.S- Chakai, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 147, 148, 149, 341, 323,
307, 325, 379, 504, 506 of the Indian Penal Code.
3. As per F.I.R., informant was assaulted by all named
accused persons including these petitioners as result of which,
he sustained injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Due to
dispute over possession of a land, maar-peet took place in which
both sides sustained injuries. Case and counter case. Allegation
Patna High Court CR. MISC. No.90403 of 2025(3) dt.24-03-2026
2/2
of assault is general and omnibus and there is no allegation of
any specific overt act against these petitioners.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and case and
counter case, this anticipatory bail is allowed and it is ordered
that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-V, Jamui in connection with Chakai P. S. Case No.
190 of 2021, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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